1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1705 By: Howard
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6 AS INTRODUCED
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7 An Act relating to alien ownership of land; amending
7 60 O.S. 2021, Section 121, as amended by Section 1,
8 Chapter 327, O.S.L. 2023 (60 O.S. Supp. 2023, Section
8 121), which relates to prohibition of alien ownership
9 of land; defining terms; adding entities prohibited
9 from certain ownership; updating statutory reference;
10 adding persons authorized to execute certain
10 affidavit; requiring notarization of certain
11 document; providing exemptions to certain
11 requirements; requiring inclusion of specific
12 exemption on recorded deed; authorizing Attorney
12 General to establish additional exemptions; allowing
13 substantial compliance to certain form requirements;
13 and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 60 O.S. 2021, Section 121, as
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18 amended by Section 1, Chapter 327, O.S.L. 2023 (60 O.S. Supp. 2023,
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19 Section 121), is amended to read as follows:
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20 Section 121. A. As used in Chapter 3 of this title:
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21 1. “Deed” means any instrument in writing whereby land is
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22 assigned, transferred, or otherwise conveyed to, or vested in, the
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23 person coming into title or, at his or her direction, any other
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24 person;
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 1 2. “Foreign government” means a government other than the
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2 federal government of the United States, the government of any
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3 state, political subdivision of the state, tribe, territory, or
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4 possession of the United States;
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5 3. “Foreign government enterprise” means a business entity,
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6 sovereign wealth fund, or state-backed investment fund in which a
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7 foreign government holds a controlling interest; and
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8 4. “Land” means the same as defined in Section 6 of this title.
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9 B. No alien, foreign government, or any person who is not a
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10 citizen of the United States shall acquire title to or own land in
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11 this state either directly or indirectly through a business entity,
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12 or trust, or foreign government enterprise, except as hereinafter
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13 provided, but he or she they shall have and enjoy in this state such
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14 rights as to personal property as are, or shall be accorded a
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15 citizen of the United States under the laws of the nation to which
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16 such alien belongs, or by the treaties of such nation with the
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17 United States, except as the same may be affected by the provisions
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18 of Section 121 et seq. of this title or the Constitution of this
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19 state. Provided, however, the requirements of this subsection shall
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20 not apply to a business entity that is engaged in regulated
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21 interstate commerce in accordance with federal law.
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22 B. C. On or after the effective date of this act November 1,
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23 2023, any deed recorded with a county clerk shall include as an
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24 exhibit to the deed an affidavit executed by the person, the
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 1 person’s attorney-in-fact, a court-appointed guardian or personal
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2 representative, an authorized officer of the or entity, or trustee
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3 of the trust coming into title attesting that the person, business
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4 entity, or trust is obtaining the land in compliance with the
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5 requirements of this section and that no funding source is being
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6 used in the sale or transfer in violation of this section or any
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7 other state or federal law. A county clerk shall not accept and
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8 record any deed without an affidavit as required by this section
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9 which is duly notarized pursuant to Title 49 of the Oklahoma
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10 Statutes. The requirements of this subsection shall not apply to a:
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11 1. Deed which, without additional consideration, confirms,
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12 corrects, modifies, or supplements a deed previously recorded;
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13 2. Deed made by a grantor to cure a defect in title or
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14 effectuate a disclaimer of interest in real property;
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15 3. Transfer-on-death deed made by a grantor designating a
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16 grantee beneficiary pursuant to the Nontestamentary Transfer of
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17 Property Act, Section 1251 et seq. of Title 58 of the Oklahoma
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18 Statutes;
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19 4. State or federal court order in an action to quiet title or
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20 to cure a defect in title;
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21 5. State or federal court order or decree in probate,
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22 partition, quiet title, and divorce actions for which there is no
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23 additional consideration paid;
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 1 6. Deed which secures a debt or other obligation, or which
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2 releases such property as security for a debt or other obligation;
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3 7. Deed of dedication to the public; or
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4 8. Deed in favor of the United States or any of its political
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5 subdivisions, a state or any of its political subdivisions, or a
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6 tribe.
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7 The applicable exemption shall be shown on the face of the deed
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8 prior to the recording of the deed.
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9 D. The Attorney General shall promulgate a separate affidavit
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10 form for individuals and for business entities or trusts to comply
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11 with the requirements of this section, with the exception of those
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12 deeds. The Attorney General may provide additional exemptions and
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13 allow reasonable alterations to the affidavit forms which the
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14 Attorney General deems necessary when promulgating the affidavit
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15 form to substantially comply with the requirements of this section.
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16 SECTION 2. This act shall become effective November 1, 2024.
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18 59-2-2694 TEK 1/16/2024 4:51:34 PM
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Statutes affected:
Introduced: 60-121
House Committee Substitute for Senate Bill: 60-121
Committee Substitute: 60-121
Floor (House): 60-121
Floor (Senate): 60-121
Engrossed: 60-121
Amended And Engrossed: 60-121
Senate Conference Committee Substitute: 60-121
Enrolled (final version): 60-121